Part 4Transitional provisions

Part 4—Transitional provisions 6—Preliminary In this Part— relevant day means the day on which this Part comes into operation; repealed Act means the Explosives Act 1936. 7—Licences and conditions (1) A licence in force under the repealed Act immediately before the commencement of this clause will be taken to be a licence under this Act held by the person to whom the licence under the repealed Act was issued and authorising the activities authorised by the licence under the repealed Act. (2) The licence under this Act is subject to the same conditions as the licence under the repealed Act and will expire on the date on which the licence under the repealed Act would have expired. (3) If the same person holds more than 1 licence, the licences may, at the Regulator's discretion on renewal under this Act, be consolidated into 1 licence. 8—Permits to purchase explosives (1) A permit to purchase explosives in force under the repealed Act immediately before the commencement of this clause (see Part 14 of the Explosives Regulations 2011) will be taken to be a licence authorising the acquisition of explosives under this Act. (2) The licence under this Act is subject to the same conditions as the permit under the repealed Act and will expire on the date on which the permit under the repealed Act would have expired. 9—Register An explosive that was classified by the Director under the repealed Act immediately before the commencement of this clause will be taken to be authorised under Part 4 of this Act and details relating to the classification are to be entered on the register. 10—Appointment of authorised persons (1) On the relevant day, an individual holding office as an inspector under the repealed Act will be taken to have been appointed as an authorised person under this Act. (2) An identity card held by an inspector under or for the purposes of the repealed Act immediately before the relevant day will be taken to be an identity card furnished by the Regulator under section 53 of this Act. 11—Functions and powers of authorised persons (1) An authorised person may, on or after the relevant day, perform a function or exercise a power under this Act in relation to anything arising under or relevant to the repealed Act before the relevant day (and this Act will apply in relation to the performance or exercise of such a function or power as if a reference to this Act included a reference to the repealed Act). (2) Without limiting subclause (1)— (a) a reference in this Act to a contravention of this Act will be taken to include a reference to a contravention of the repealed Act; and (b) a reference in this Act to an offence against this Act will be taken to include a reference to an offence against the repealed Act. (3) Any action taken or information acquired under this Act (including on account of the operation of this clause) may be used for the purposes of the repealed Act (insofar as it may be relevant to an act, omission or circumstance occurring before the relevant day). (4) Nothing in this clause affects or limits any action that may be taken under or with respect to the repealed Act by virtue of the operation of any other Act or law. 12—Exemptions (1) Subject to this clause, an exemption in force under the repealed Act immediately before the relevant day will continue in force for the purposes of this Act to an extent that corresponds to the extent of the exemption under the repealed Act. (2) An exemption under subclause (1)— (a) may be— (i) modified from time to time as the Regulator thinks fit; and (ii) revoked at any time by the Regulator; and (b) unless sooner revoked, will expire on the first anniversary of the relevant day. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act Year No Title Assent Commencement 19.9.2024 uncommenced